No Coast Boat Club is Kansas City Metro’s premier Boat Club / Boat Subscription Service. The club takes pride in providing a hassle free boating experience. This full service club provides it’s members with the option to use wakeboard, tritoon or fishing boats, depending on the type of experience they want for the day. We take care of the boat so you can focus on enjoying it! No cleaning, fueling, storage, insurance or maintenance responsibilities for you!

Please contact us at info@nocoastboatclub.com, or give us a call at 785-766-2987 if you have any questions. You can also visit our webpage for descriptions of our club boats and FAQ: www.nocoastboatclub.com

No Coast Boat Club prides itself on upholding a safe environment for our club members, employees and the general public. This ethos is paramount to the mutual enjoyment and success of the club, and is the driving force behind our rules and regulations laid out below.

1. A Member of NCBC must be 25 years of age, boaters born on or after January 1, 1989, must have a valid Kansas Safe Boating Card, have signed the agreement and have successfully completed the New Member Orientation all prior to being allowed to reserve or operate club boats. Member's account must be current and Member must be in compliance with all Agreement terms and Rules and Regulations in order to place a reservation. NCBC may prohibit a Member from reserving or operating a NCBC boat or may terminate the membership, in the sole discretion of NCBC, if any of the following occur: A. Member's account is delinquent B. Misuse of alcohol or drug use (see Rule #2 below) C. Member has used language or has behaved in a manner which is unbecoming to the NCBC Member, his party, NCBC employees or is consistently discourteous in demeanor. D. Frequent boating mishaps or reckless operation E. Failure to adhere to the Rules and Regulations F. Member engages in a business or activity injurious to No Coast Boat Club.

2.Operation of a boat while under the influence of alcohol or any other drug is strictly prohibited. It may result in serious injury to others and damage to the boat or to other boats. Our insurance coverage severely restricts coverage in such instances where alcohol/drugs are involved. Members must limit the number of passengers/ total weight of passengers to the coast guard regulated capacity. Members must also leave lifejackets on the vessel after departure, any lost or missing life jacket will be subject to a $85.00 fee per jacket.

3.MEMBERSHIP BOAT RESERVATION PRIVILEGES: A weekday boating reservation is defined as one usage any time during the daily Tuesday - Friday hours of 9am until 1pm or 2pm until 6pm. A weekend boating reservation is defined as one usage during the weekend (Saturday - Sunday) hours of 9am until 1pm or 2pm until 6pm minutes before sunset. Early check out (Starting at 6am) or late return (within 30 minutes of sunset) is allowed for members who have completed the After Hours Certification. Members must pick up boat keys the day before an early check out during normal club hours. A boat cannot be selected for a concurrent late return + early checkout, priority is given as first come, first served basis. Member shall have unlimited yearly reservations, however, a member may not have more than four advance reservations at any given time, two of which may be Saturday or Sunday, or Holiday reservations. Holidays are defined as Friday through Monday during the following: Memorial Day Weekend, Fourth of July Weekend, and Labor Day Weekend. Reservations may be scheduled up to six months in advance. Both a morning and an afternoon reservation may be booked using two reservations, with the exception of Holiday Weekends. Selection of dates and boats are subject to availability and must be reserved by Member in accordance with these Rules. Scheduling will be handled on a first come, first served basis. Failure to use boats shall not relieve Member of any liability for payments due NCBC.

4. RESERVATIONS: Reservations may be made anytime up to 24-hours through our Online Reservation System. Within the 24-hour window, please call the Dockmaster at the requested location to check availability. NCBC reserves the right to substitute, alter, or cancel boats that are reserved or scheduled by a Member. If you anticipate arriving at the dock later than one hour after your scheduled reservation time, you must call the dock and alert them to your delayed arrival. If you fail to provide timely notification your reservation may be assigned to another member. Failure to cancel within a 48 hour period from the launch date will result in a warning. A second violation will result in weekend restrictions for an 6 week period.

5.ADDITIONAL MEMBERSHIP BOAT RESERVATION PRIVILEGES: Member shall have unlimited use of NCBC boats on an availability, stand-by, same-day usage basis, except on days when NCBC is closed. Member may call the dock manager on the morning of desired use to check availability. Boat availability is subject to weather and winter winterization periods, which will be at the discretion of the NCBC management staff. NCBC will be closed Mondays throughout the year, as well as the week of Thanksgiving, and Christmas Eve through the first Tuesday after New Years Day.

6.BOAT USAGE PRIVILEGES: Before and after boating, a Member must complete the check out/check in procedures. Additionally, completion of the After Hours Certification is required for late return/ early launch. Fish may not be cleaned on board any NCBC boats. Fishing is not permitted on deck boats or other boats as designated by the Dock Manager. If the Member returns the boat excessively dirty which requires our Dockhands additional time to clean and/or delays another Member's reservation, the Member will first receive a friendly request to return the boat in a cleaner condition. If the Member receives a second request to return the boat in a cleaner condition, the Member will receive a $50 cleaning fee. If you are late returning a boat without selecting late drop off, NCBC may charge a late fee of $50.00 per half-hour increment. Water-sports activities such as water-skiing, knee boarding, wake boarding and tubing are only allowed from specific NCBC boats. If unsure, check with the reservationist or with your Dock Manager. Pets are allowed on NCBC boats but must be under proper control at all times. Any damage caused by a pet will be charged to the Member. NCBC reserves the right to refuse access of any aggressive animal. NCBC boats may not be used for any commercial purpose and are restricted from removal from Clinton Lake, KS.

7.RESPONSIBILITY FOR BOAT: The Member shall be solely and exclusively responsible for any loss or damage to NCBC boat and accessory equipment from the time that such boat and accessory equipment is furnished to Member up to and including the time of its proper check in to NCBC. At no time shall Member allow anyone other than a Member to operate any NCBC boat. By virtue of NCBC's “insert policy provider” insurance coverage, in which each Member is an additional insured, a Member's liability to NCBC is limited to the greater of either 2% of boat insured value or $2500.00 for each boat damaged per incident (plus sales tax per boat per incident). If alcohol/drugs are contributing factors in an accident there is no deductible, member is fully responsible. Any damage that occurs while a NCBC boat is in Member's possession will be noted and charged at check- in. However, some items, particularly damage to the engine (i.e., caused by entangling the prop in rope or fishing line, running the engine at high rpm after a problem occurs, etc.), may not be noticed at the time of check-in. If damage is discovered after check-in, and NCBC deems the Member to be responsible, the Member will be billed for all damage/cost incurred by NCBC to restore the NCBC boat to the same condition as originally delivered to Member. At NCBC's sole discretion, Member may be denied boat usage until payment is received for any damage to a NCBC boat. In addition, NCBC may require the Member to attend a meeting to discuss the damage, and NCBC, at its sole discretion, may take any action deemed necessary, including suspension or termination of membership. Members are responsible for full replacement cost of any damaged or lost accessories rented at the time of departure. Failure to report damage that occurred may result in revocation of membership. Invoices for damage are due upon receipt. Invoices not paid immediately are subject to a 1.5% finance charge per month.

8.TOWING: NCBC will be responsible for reasonable towing charges as defined by NCBC, unless it has been determined that the towing is necessitated by the Member's recklessness or ignorance (no beaching or grounding of vessels is permitted). Member is responsible for any towing charges outside the regularly accepted towing limit by the tow company in that geographic area. Towing rates are $150/ hr, with a one hour minimum.

9. INJURY AND DAMAGE TO PROPERTY: Member recognizes that the operation of any boat is a specialized activity that requires training and experience and has both obvious and non-obvious dangers associated with it. Member acknowledges that many such dangers produce risk of injury to Member, Member's passengers, and the public in general regardless of the training and experience of the operator of the boat and regardless of the proper maintenance and condition of the boat. Accordingly, Member knowingly accepts sole and exclusive responsibility at all times for the safety of all persons and property on board the NCBC boat, and all persons who may come in contact with the NCBC boat, including Member, Member's passengers and the public in general. For purposes of personal injury claims, a Member is deemed automatically to be additional assured on NCBC's Hull & Machinery and Protection & Indemnity policy(ies) subject to the Co-Assured Clause, and will be afforded the same coverage and protection afforded NCBC under such an insurance policy. MEMBER ACKNOWLEDGES THAT NCBC’S INSURANCE COVERAGE IS FOR THE MEMBER AND GUESTS ONLY WHILE THE MEMBER IS OPERATING (PILOTING) THE BOAT. INSURANCE COVERAGE DOES NOT APPLY IF ANY NON-MEMBER IS OPERATING A NCBC INSURED BOAT DURING AN ACCIDENT. MEMBER AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD NCBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, LOSS, DAMAGE, EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS AND EXPENSES OF LITIGATION) FOR INJURY OR LOSS OF ANY SORT INCLUDING BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS OF ANY KIND OR NATURE WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PATENT OR LATENT ARISING FROM OR RELATING TO THE USE OR OPERATION OF AN NCBC BOAT IN VIOLATION OF THE MEMBERSHIP AGREEMENT OR THESE RULES AND REGULATIONS. THIS RELEASE AND INDEMNIFICATION OF NCBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL EXTEND TO ANY INJURY OCCASIONED WHOLLY OR IN PART BY ANY ACT OR OMISSION OF NCBC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. Member further understands and acknowledges that NCBC is not responsible for death, injury or property loss or damages resulting from or arising out of (i) the acts or omissions of any third parties or (ii) Member’s operation of the boat and related water sport activities, including without limitation, swimming, diving, snorkeling, water-skiing, knee boarding, wake boarding and tubing. Only specific NCBC boats allow for these water-sports activities. The member shall hold NCBC harmless and shall indemnify NCBC against any claims by any persons arising from such water sport activities.

10. STATUS: Member's rights are for the prepaid use of NCBC boats only, and nothing contained in this Agreement is intended or shall be construed as creating any rights of ownership, legal or equitable, in any of the boats or in NCBC, its stock or assets. 

11.COMPLIANCE WITH LAWS AND ORDINANCES: Member shall comply with all applicable governmental laws, ordinances, orders, and regulations now in force or which may hereafter be in force insofar as they pertain to the use, operation and utilization of boats. Member shall also comply with all requirements of any insurance companies providing insurance for NCBC and the rules and regulations of any marina or other docking facility in which NCBC boats are located.

12.DEFAULT: Any of the following shall constitute an event of default with respect to this Agreement: (a) any failure by Member to pay when due the full amount of any deferred payment under obligation, debt installment, or other charge hereunder; or (b) failure of Member to abide by and adhere to the Rules and Regulations of NCBC or of the marina where NCBC's boats are docked, as now in effect or as hereafter amended; or (c) the failure or inability of the Member, as demonstrated to NCBC, in it's sole judgment, to operate the boat 1) in a safe, alert, and cautious manner, 2) exercising due caution to protect the boat and engine from damage, and 3) within any operational requirements or limitations published by NCBC, or (d) Members' use of a NCBC boat in any manner that poses a nuisance upon the seas, or a substantial risk of personal injury, death and/or property damage. No waiver or indulgence by NCBC with respect to any given default shall constitute a waiver of NCBC's rights with respect to any subsequent default or breach.

13.REMEDIES ON DEFAULT: Upon the occurrence of any event of default by the Member, NCBC may at it's option (a) terminate this agreement and all membership rights of Member hereunder, and any member fees and unpaid expenses, and all dues and other charges that have been accrued, to be immediately due and payable; (b) terminate this agreement and all membership rights of Member arising hereunder, and NCBC shall be entitled to retain as liquidated damages, and not as a penalty, all sums previously paid to NCBC by Member pursuant to this agreement; (c) NCBC shall have all legal and equitable remedies available in the event of any default, and shall take any such judicial action needed at the sole discretion of NCBC. In the event of any arbitration or legal proceedings brought by any party to construe or enforce the provisions of this agreement, or in the event there is any arbitration or other litigation which arises from or relates to this agreement and/or the operation of a NCBC boat by Member, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses incurred in any such arbitration or legal proceeding. Member and NCBC each irrevocably and unconditionally (a) agree that any suit, action, arbitration or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in Douglas County , Kansas; (b) consents to the jurisdiction of any such court or arbitrator in any suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in Douglas County, Kansas; and (d) agrees that service of any court or arbitration notice may be effected on such party by mail or in such other manner as may be provided under applicable laws or court rules of the State of Kansas.

14.ARBITRATION OF DISPUTES: . NCBC at its sole discretion may elect to have any dispute (whether contract, tort, statutory, or otherwise) arising under or relating in any way to (i) the rules and regulations and Membership agreement of NCBC, (ii) your membership in NCBC, (iii) your use of any boat in connection with your membership or (iv) any other dealings between you and NCBC, including but not limited to any claims for money damages or for personal injury or wrongful death shall be submitted to binding arbitration in Douglas County, Kansas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) by a single arbitrator. The arbitrator shall be selected by mutual agreement of NCBC and Member within twenty (20) days following the initiation of arbitration hereunder, or, absent such agreement, by appointment by the American Arbitration Association (AAA). The arbitration procedure shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 116, and the award rendered by the arbitrator shall be final and binding on the parties and may be entered in any court having jurisdiction thereof. 15.JURY TRIAL: It is the intent of the parties that any dispute of any kind whatsoever between the parties to this agreement shall be settled and finally determined in arbitration before the American Arbitration Association ("AAA") in accordance with Section

15. HOWEVER, IN THE EVENT IT IS DETERMINED THAT A DISPUTE BETWEEN THE PARTIES IS TO BE DETERMINED IN A COURT OF LAW, THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OR RELATING IN ANY WAY TO MEMBERSHIP IN NCBC. 16.LIMITATIONS ON WARRANTIES AND LIABILITY: NCBC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE INCLUDED IN THIS AGREEMENT. MEMBER ACKNOWLEDGES THAT ALL BOATS PROVIDED BY NCBC ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WITHOUT IN ANY MANNER LIMITING THE FOREGOING, NCBC MAKES NO REPRESENTATIONS OF WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE BOATS, THE USE OF WHICH WILL OR MAY BE FURNISHED TO MEMBER PURSUANT TO THIS AGREEMENT AND ANY SUCH REPRESENTATIONS OR WARRANTIES WHICH MAY BE MADE OR UPON WHICH MEMBER MAY RELY ARE EXCLUSIVELY THOSE OF THE MANUFACTURERS OF SAID EQUIPMENT. NCBC SHALL NOT BE RESPONSIBLE OR LIABLE AT ANY TIME FOR LOSS OR DAMAGE TO PERSONAL PROPERTY BROUGHT BY MEMBER, OR ANY OF MEMBER'S FAMILY, GUESTS, INVITEES, OR THIRD PARTY ABOARD NCBC BOATS USED BY MEMBER. NCBC SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER FOR ANY DEFECT, LATENT, OR OTHER DEFECTS OF ANY TYPE OR NATURE IN ANY BOAT OR ANY EQUIPMENT, 4 APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT, NOR SHALL NCBC BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE CAUSED BY OR RESULTING FROM ANY DEFECT, ACT, OR OMISSION IN THE CONSTRUCTION, MAINTENANCE, OPERATION, OR USE OF ANY BOAT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT MEMBER IS WAIVING AND RELEASING ANY AND ALL CLAIMS WHICH MEMBER COULD MAKE AGAINST NCBC, ITS PARENT AND AFFILIATES, OR ANY OFFICER, DIRECTOR, EMPLOYEE, MEMBER OR AGENT OF NCBC FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY DEFECT, LATENT OR OTHERWISE, IN ANY BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT.

17.FORCE MAJEURE: NCBC shall be excused from performance, or any delays in performance hereunder, due to fire, flood, earthquakes, hurricane, acts of God, unavailability of materials, equipment or fuel, war, declaration of hostilities, revolt, civil strife, altercation or commotion, strike, labor disputes, epidemic, lack of or failure of fork-lift or transportation facilities, mechanical breakdowns, any law, order, proclamation, regulation or ordinance of any government or subdivision thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control of NCBC.

18.TRANSFERABILITY OF MEMBERSHIP: No Coast Boat Club Membership and its privileges shall not be transferable by Member to any other party.

19. ALL AMOUNTS PAID BY THE MEMBER PURSUANT TO THIS AGREEMENT, WHETHER BY WAY OF DEPOSITS, MEMBERSHIP FEES, INSTALLMENT PAYMENTS, MEMBERSHIP DUES, OR OTHERWISE, ARE IMMEDIATELY EARNED AT THE TIME OF PAYMENT, ARE NONREFUNDABLE AND SHALL NOT BE SUBJECT TO CLAIM FOR REFUND FOR ANY CAUSE WHATSOEVER. FURTHERMORE NCBC HAS AN ONGOING CREDIT POLICY FOR ITS MEMBERS. LATE CHARGES OF 1.5% PER MONTH (18%APR) WILL BE ASSESSED ON PAST-DUE ACCOUNTS, AND COLLECTION CHARGES AND/OR ATTORNEY’S FEES MAY BE ADDED.

20.ASSIGNMENT OF PROCEEDS: NCBC may assign its right to receive any deferred payment obligations, dues or any other sums that may be due or become due to NCBC pursuant to this Agreement. Upon written notice to Member of any such assignment, all sums thereby assigned shall be payable directly to the assignee at the address designated.

21. BINDING EFFECT; ENTIRE AGREEMENT; MODIFICATIONS: If any provision of this Agreement is declared invalid or unenforceable for any reason, the remainder of the Agreement shall not be affected and shall remain in full force and effect. This Agreement is binding upon the parties hereto and their heirs, legal representatives, successors, and permitted assigns, and shall be governed by the internal substantive laws of the State of Kansas without regard to any conflict of law provisions. The parties hereby agree that this instrument contains the entire agreement between the parties and there is and can be no other oral or written agreement or understanding, written or oral, unless the same is set forth in a writing signed by all parties to this agreement. Any such waiver or consent shall be effective only in this specific instance and for the specific purpose given. Notwithstanding the foregoing, the rules and regulations and membership agreement may be changed from time to time as set forth in paragraph

22.There are no collateral understandings or agreements other than those contained herein and Member understands and agrees that there are no terms, conditions, statements, warranties, or representations, oral or written, not contained herein. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall collectively constitute one instrument.

23. RULES AND REGULATIONS: Member agrees to abide by the Rules and Regulations promulgated and from time to time modified by NCBC. Changes in these Rules and Regulations shall become effective upon adoption by NCBC. A copy of the revised Rules and Regulations will be available at each NCBC location. REVISED AND ADOPTED ON January, 2022. [SIGNATURE PAGE FOLLOWS]